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Notifications
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Amends Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008
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Amendment to Pan Masala Packing Machines rules substitutes a section reference in rule 9, effective on publication.
The Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Amendment Rules, 2012 substitute in rule 9 the second proviso's reference to section 11 AB with Section 11AA, made under sub sections (2) and (3) of section 3A of the Central Excise Act, 1944, and effective on publication in the Official Gazette.
Amends Chewing Tobacco and Un-manufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010
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Capacity determination rules amended to substitute section reference and expand tobacco definition including Jarda scented tobacco, and correct CENVAT wording.
The 2012 amendment to the Chewing Tobacco and Un-manufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules substitutes references to "section 11 AB" with "section 11AA", expands the term "chewing tobacco" to "chewing tobacco and Jarda scented tobacco" in rule 16, and alters sub-rule (6) text concerning wrongly taken or utilised CENVAT credit to reflect corrected wording.
Effective rate of duty in respect of Other than filter cigarettes, of the length not exceeding 65 millimetres. and Filter cigarettes
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Excise duty exemption for short cigarettes caps payable duty at a prescribed effective rate, covering filter and non filter variants.
Exempts specified cigarettes not exceeding sixty five millimetres in length-distinguishing other than filter and filter cigarettes (filter length measured as eleven millimetres or actual filter length, whichever is more)-from excise duty to the extent that duty exceeds the amount calculated at the prescribed effective rate in the Table; issued under powers of the Central Excise Act, with an administrative corrigendum and later rescission noted.
Fixation of tariff value in respect to articles of jewellery (other than silver jewellery), falling under sub-heading No. 7113
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Tariff value fixation for non silver jewellery set as a percentage of transaction value, excluding precious metal and customer supplied old jewellery.
Fixes the tariff value for articles of jewellery (other than silver) under the specified tariff sub heading at 30% of the transaction value declared in the invoice, with "transaction value" having the statutory meaning; excludes jewellery manufactured from precious metal and old jewellery supplied by the retail customer.
Prescribes effective rate of duty in respect of Other than filter cigarettes, of the length not exceeding 65 millimetres
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Excise exemption for short non-filter cigarettes limits additional duty to a specified rate under a central government notification.
The notification exempts "other than filter cigarettes, of the length not exceeding 65 millimetres" from so much of the additional duty of excise as is in excess of the amount indicated in the Table, thereby establishing a capped effective rate for that tariff item under the Finance Act mechanism.
Amends notification no. 31/2011 CE dated 24-3-2011 - Exempts return of branded ready made garments
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Exemption for returned branded garments: expanded registered premises, one year return window, self certification for reprocessed goods.
Amendment modifies Notification No. 31/2011: "same premises or factory" is replaced by "any registered premises or factory of the same manufacturer or brand owner"; returned goods must be sent back within one year of initial removal; returned goods after reconditioning or similar processes may be removed on manufacturer or brand owner self certification that they are duty paid; aggregate value of clearances is to be computed separately for each registered factory or premise and excludes clearances under rule 16 of the Central Excise Rules, 2002.
Amends central excise Rules, 2002 - Correction in rule 8, rule 8A, and 12BB and omission of sub-rule (1) and explanation 2 of the Rule 12AA
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Section reference substitution to Section 11AA and removal of a proviso and explanation in central excise rules.
Amendments replace references to Section 11AB with Section 11AA in Rule 8(3), Rule 8A(3) and Rule 12BB, and remove the proviso to sub rule (1) of Rule 12AA along with Explanation 2, thereby altering statutory cross references and excising specified conditional and interpretive text.
Amends notification no. 49/2008 CE(NT) to prescribe rebate from MRP in respect of goods falliing under heading 2402,2523.69 and 64
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Rebate from MRP extended to cigarettes, specified industrial goods and footwear under amended central excise notification.
The notification amends Notification No. 49/2008-Central Excise (N.T.) by inserting entry 26A for heading 2402 prescribing a rebate from MRP for cigarettes, inserting entry 28A for heading 2523 prescribing a rebate from MRP for all goods under that heading, and substituting S.No. 56 for heading 64 to prescribe a rebate from MRP for all footwear.
Effective rate of duty for certain goods falling under under Chapter 52 to 63
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Effective rate of duty for cotton goods limited to a specified ad valorem rate, with defined exclusions for branded items.
Notification exempts cotton goods under Chapters 52-63 from excise duty to the extent that duty exceeds the ad valorem rate specified in the Table (six percent). The exemption applies to "goods of cotton, not containing any other textile material" and clarifies inclusion of articles made from cotton fabric even if they contain incidental non-cotton items such as sewing threads, cords, labels, elastic tapes or zip fasteners. Certain branded goods or items above a specified retail sale price are excluded; the notification supersedes a 2004 notification and was later rescinded effective 1 July 2017.
Amends notification no. 64/95 CE dated 16-3-1995 - Exemption to goods supplied for defence and other specified purposes
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Exemption for defence equipment extended to include bullet proof helmets under amended Central Excise notification.
Operatively, the notification substitutes "bullet proof jackets" with "bullet proof jackets and bullet proof helmets" in clause (a) of column (3) of the Table against the specified serial numbers, thereby expanding the scope of the exemption in the principal notification.
Amends notification no. 23/2003 CE dated 31-3-2003 - EOUs/EHTP/STP Units - Excise Exemption on Goods Cleared to DTA
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Excise exemption rates for EOUs/EHTP/STP adjusted, increasing concessions for specified tariff entries on DTA clearances.
Exercising powers under section 5A of the Central Excise Act, 1944, Notification No. 05/2012 amends Notification No. 23/2003 Central Excise by substituting higher exemption figures in the TABLE: column (4) entries at serial numbers 5A, 6 and 7A are revised upward and the entry at serial number 8 is increased from its prior lower figure to a higher figure, thereby adjusting excise exemption rates for EOUs/EHTP/STP units on goods cleared to the Domestic Tariff Area.
Member (Central Excise) authorized to issue orders in terms of notification no. 5/2012 regarding Deterrent measures where duty is paid wrongly or where cenvat facility is misutilized
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Authorization to issue orders empowers Member (Central Excise) to enforce deterrent measures for CENVAT misutilisation.
Authorises the Member (Central Excise), Central Board of Excise and Customs to issue orders under notification No.5/2012 implementing deterrent measures where duty is paid wrongly or CENVAT credit is misutilised, pursuant to rule 12CCC of the Central Excise Rules and rule 12AAA of the CENVAT Credit Rules, and superseding the prior 2007 notification; the instrument notes its departmental file reference and signatory and was later rescinded.
Deterrent measures where duty is paid wrongly or where cenvat facility is misutilized
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Cenvat misuse enforcement: withdrawal of facilities and restrictions where deliberate wrongful duty payment or bogus invoices are prima facie found.
Where manufacturers, dealers, or exporters are prima facie found knowingly involved in wrongful non payment or under declaration of excise duty, misuse of CENVAT credit, issuance of invoices without delivery, or use of documents believed not genuine, an officer authorised by the Central Board may withdraw facilities or impose restrictions. Restrictions include withdrawal of monthly duty payment, prohibition on CENVAT utilisation for duty, recordkeeping and inspection requirements, countersigned invoices for repeat offenders, suspension of dealer registration, and withdrawal of self sealing for exporters. A tiered review and hearing procedure precedes Board orders.
Amends Central Excise Rules, 2002 - Rule "12CC" shall be substituted by "12CCC".
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Power to impose restrictions permits government to restrict manufacturers, dealers, or exporters to prevent excise duty evasion.
Rule 12CCC empowers the Central Government to, by notification, specify restrictions on manufacturers, first and second stage dealers, or exporters where the extent of duty evasion, nature of offences or other factors make such measures necessary to prevent evasion and default; permitted measures include suspension of dealer registration, withdrawal of facilities, and a prescribed procedure for orders by an officer authorised by the Board.
Second Amendment in the CENVAT Credit Rules, 2004.
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Restrictions on CENVAT credit misuse allow government to notify utilisation limits, suspend registrations and withdraw facilities.
The amendment substitutes rule 12AA with rule 12AAA, empowering the Central Government to notify restrictions to prevent misuse of CENVAT credit. Notified measures may include limits on utilization of CENVAT credit, suspension of dealer registration, withdrawal of facilities and specification of the procedure for issuance of such orders by an officer authorised by the Board.
Amends Notification No.21/2004-Central Excise (N.T.), dated the 6th Sept., 2004.
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Export notification scope now excludes only Bhutan, restoring coverage for shipments to Nepal under amended Central Excise notification.
The notification amends Notification No.21/2004-Central Excise (N.T.) by replacing the phrase "to any country except Nepal and Bhutan" with "to any country except Bhutan", thereby removing Nepal from the list of excluded countries and extending the notification's territorial coverage to include Nepal; the amendment is effective from 1 March 2012.
Amends Notification No.64/95-Central Excise - Exemption to goods supplied for defence and other specified purposes.
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Excise exemption for LR SAM programme subject to supply to programme and pre clearance certificate; exemption has specified expiry.
Exemption added for specified machinery, equipment, components, software, raw materials and consumables required for the Long Range Surface to Air Missile (LR SAM) Programme of the Ministry of Defence, conditional upon supply to the LR SAM Programme and production, prior to clearance, of a certificate from the Programme Director confirming intended use; the exemption is limited by a specified expiry date.
Amendment in the CENVAT Credit Rules, 2004.
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CENVAT Credit Rules amendment makes rule 12 subject to the proviso to clause (i) of sub rule (1) of rule 3.
The CENVAT Credit (First Amendment) Rules, 2012, effective on publication in the Official Gazette, substitute in rule 12 the words "notwithstanding anything contained in these rules" with "notwithstanding anything contained in these rules but subject to the proviso to clause (i) of sub rule (1) of the rule 3", thereby making rule 12 expressly subject to that proviso.
Amends notification no. 23/2003-CE - EOUs/EHTP/STP Units – Excise Exemption on Goods Cleared to DTA .
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Excise exemption thresholds amended for goods cleared to domestic tariff area, raising ad valorem minimums under export unit rules.
Amendment substitutes in the Table of Notification No. 23/2003-Central Excise the column (4) entry against Sr. No. 8 with "In excess of 5% ad valorem" and against Sr. No. 10 with "In excess of 6% ad valorem," altering the ad valorem thresholds for excise exemption on goods cleared to the domestic tariff area by EOUs, EHTP and STP units; the amendment is made under section 5A of the Central Excise Act and takes effect on 17 January 2012.
Amends notification no. 05/2006-CE - Effective Rate of Duty on goods of Chapter 54 to Chapter 82.
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Duty revision for precious metals updates excise treatment of gold and silver dore bars and copper-smelted outputs.
The notification substitutes tariff table entries for S. No. 21A, 21B and 21C to specify excise treatment and effective duty rates for gold bars (other than tola bars) bearing engraved serial numbers and metric weight, silver manufactured from stated stages, and goods produced during copper smelting; it includes explanatory definitions of 'gold dore bars' and 'silver dore bar' and modifies a separate tariff description to remove a reference to silver. The amendment is effective from the stated commencement date.

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